Stamp Duties Consolidation Act 1999 section 8

Facts and circumstances affecting duty to be set forth in instruments, etc

Section 8 provides that an instrument chargeable to stamp duty must contain full and true details of all the facts and circumstances affecting the charge (or amount) of stamp duty on that instrument.

• All facts and circumstances affecting stamp duty liability must be fully and truly set out in the instrument itself, or in an accompanying statement where that is not practicable
• Where e-stamping is used, the accompanying statement need not be delivered to Revenue, but the accountable person must retain supporting evidence for six years
• Penalties apply for failure to disclose: €1,265 plus the duty shortfall for instruments executed before 24 December 2008, or €3,000 for instruments prepared on or after that date
• Where an instrument operates as a voluntary disposition inter vivos, that fact must be declared in the stamp duty return, and failure to do so gives rise to a presumption of negligence or deliberate default